WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIORESTRICTED 
GPA/O/V/CAN/1 
31 January 2012 
 (12-0650) 
Committee on Government Procurement Original:   English/french/ 
 anglais/français/  inglés/francés 
 
  
VERIFICATION OF THE RESULTS OF THE NEGOTIATIONS  
UNDER ARTICLE XXIV:7 OF THE AGREEMENT  
ON GOVERNMENT PROCUREMENT 
 
Communication from Canada
1 
 
 
 The following submission, dated 31 January 2012, is being circulated at the request of the 
Delegation of Canada. 
 
 Comité des marchés publics  
 
 
VÉRIFICATION DES RÉSULTATS DES NÉGOCIATIONS 
AU TITRE DE L'ARTICLE XXIV:7 DE L'ACCORD 
SUR LES MARCHÉS PUBLICS 
 
Communication du Canada
1 
  
 La communication ci-après, datée du 31 janvier  2012, est distribuée à la demande de la 
délégation du Canada. 
 
 Comité de Contratación Pública 
 
 
VERIFICACIÓN DE LOS RESULTADOS DE LAS NEGOCIACIONES 
PREVISTAS EN EL PÁRRAFO 7 DEL ARTÍCULO XXIV 
DEL ACUERDO SOBRE CONTRATACIÓN PÚBLICA 
 
Comunicación del Canadá
1 
   La siguiente comunicación, de fecha 31 de enero de 2012, se distribuye a petición de la 
delegación del Canadá. 
                                                      
1 In English and French only./En anglais et français seulement./En inglés y francés solamente.  GPA/O/V/CAN/1 
 Page 3 
 
 
  CANADA'S COMMENTS ON OTHER GPA PARTIES' ANNEXES 
 
  Canada appreciates the efforts made by every Party in order to conclude the Agreement on 
Government Procurement negotiations  before the Eighth Ministerial Conference of the World Trade 
Organization.  Consistent with the drafting princi ples Canada shared with Parties in Job No. 521, 
Canada submits the following comments and drafting s uggestions for Parties' consideration during the 
technical verification and legal review stage: 
1. European Union - GPA/W/315/Add.3 
(i) In note 2 of Annex 3, Canada suggests the use of the sentence "This Agreement does 
not cover procurement by entities included in this Annex" instead of "This Agreement 
shall not apply to contracts awarded by pr ocuring entities covered under this Annex". 
 
(ii) In notes 4 and 5 of Annex 3, Canada suggests the use of the sentence "this Agreement 
does not cover procurement" instead of "thi s Agreement shall not apply to contract 
awarded". 
 
(iii) In Article 1 of Annex 4, Canada suggests the use of the word "cover" instead of "will 
apply to the". 
 
(iv) In the first sentence of Annex 5, Canada  suggests to change the word "included" by 
"covered", so the sentence would be "the following services are covered". 
 
(v) In Article 1 of Annex 7, Canada sugg ests the use of the sentence "The Agreement 
does not cover" instead of "The Agreement shall not apply to". 
2. Hong Kong, China - GPA/W/315/Add.1  
(i) In Annex 4, Canada suggests the use of the word "covers" instead of "applies to". 
 
(ii) In note 1 of Annex 7, Canada suggests the use of the sentence "this Agreement does 
not cover" instead of "this Agreement does not apply to". 
3. Iceland - GPA/W/315/Add.4 
(i) In note 2 of Annex 3, Canada suggests the use of the sentence "This Agreement does 
not cover procurement" instead of "This Agreement shall not apply to contracts 
awarded". 
 
(ii) In note 3 of Annex 3, Canada suggests th e use of the sentence "as a relevant" instead 
of "as an relevant". 
 
(iii) In note 4 of Annex 3, Canada suggests the use of the sentence "this Agreement does 
not cover procurement" instead of "this Agreement shall not apply to contracts 
awarded". 
 
(iv) In note 5 of Annex 3, Canada suggests the use of the sentence "This Agreement does 
not cover procurement" instead of "This Agreement shall not apply to contracts 
awarded". 
 GPA/O/V/CAN/1 
Page 4  
 
  (v) In Article 1 of Annex 4, Canada sugg ests the use of the sentence "This Agreement 
covers procurement" instead of "This Ag reement will apply to the procurement". 
 
(vi) In Annex 5, Canada suggests the us e of the sentence "the following services are 
covered" instead of "the following services are included". 
 
(vii) In note 1 of Annex 7, Canada suggests the use of the sentence "This Agreement does 
not cover" instead of "This Agreement shall not apply to the following". 
 
(viii) In note 2 of Annex 7, Canada suggests the use of the sentenc e "This Agreement does 
not cover procurement" instead of "This Ag reement shall not apply to procurement". 
4. Israel – GPA/W/315/Add.1 
(i) In Annex 4, Canada suggests the use of the sentence "This Agreement covers 
procurement" instead of "This Agreement applies to the procurement". 
 
(ii) In Annex 5, Canada suggests the use of the sentence "the following services are 
covered" instead of "the following services are included". 
5. Japan – GPA/W/315/Add.6 
(i) In note 2 of Annexes 1 and 2 and note 1 of  Annex 3, Canada suggests the use of the 
sentence "This Agreement does not cover pr ocurement" instead of "This Agreement 
shall not apply to contracts to be awarded". 
 
(ii) As well, for the first three Annexes, Canada suggests being more specific about the 
type of cooperatives or associations Japan is  referring to, by either giving a clear 
definition or providing a list of all of them. 
 
(iii) In note 3 of Annex 2 and note 2 of Anne x 3, Canada suggests the use of the sentence 
"This Agreement does not cover procurement"  instead of "This Agreement shall not 
apply to contracts". 
 
(iv) As well for Annexes 2 and 3, Canada wonders why contracts made for daily profit-
making activities are not covered by this Agreement?  Canada suggests Japan to 
provide a list of these entities. 
 
(v) In notes 4 and 5 of Annex 2, Canada sugg ests the use of the word "covered" instead 
of "included". 
 
(vi) In notes 3(a)-(g) of Annex 3, Canada su ggests the use of the word "covered" instead 
of "included". 
 
(vii) In notes 1 and 2 of Annex 4, Canada suggests the use of the sentence "This 
Agreement covers procurement" instead  of "This Agreement will apply to 
procurement" or "This Agreement will genera lly apply to procurement".  Canada also 
suggests the removal of the word "generally " because it leaves room for interpretation 
that some procurement are not included. 
 
(viii) In the first sentence of Annex 5, Cana da suggests the use of the word "covered" 
instead of "included". 
  GPA/O/V/CAN/1 
 Page 5 
 
 
  (ix) In notes 1, 2 and 3 of Annex 5, Canada suggests the use of the word "covered" 
instead of "included". 
 
(x) In note 5 of Annex 5, Canada suggests the use of the word "cover" instead of 
"apply to". 
 
(xi) In note 1 of Annex 7, Canada suggests the use of the word "covered" instead of 
"included". 
6. Korea – GPA/W/315/Add.2 
(i) In notes 2 and 3 of Annex 3, Canada sugg ests the use of the word "cover" instead of 
"apply to the". 
 
(ii) In note 4 of Annex 3, Canada suggest s the use of the word "covers" instead of 
"applies to". 
 
(iii) In note 1 of Annex 4, Canada suggests th e use of the word "covers" instead of "apply 
to the". 
 
(iv) In note 2 of Annex 4, Canada suggests the use of the word "covers" instead of "will 
generally apply to".  Canada suggests the removal of the word "generally" because it 
leaves room for interpretation that some procurement are not included. 
 
(v) In the first sentence of Annex 5, Cana da suggests the use of the word "covered" 
instead of "included". 
 
(vi) In Annex 6, Canada suggests the use of  the sentence "List of construction services 
covered" instead of "List of construction services offered". 
 
(vii) In note 3 of Annex 7, Canada suggests th e use of the words "does not cover" instead 
of "shall not apply to". 
7. Liechtenstein- GPA/W/315/Add.1 
(i) In note 1 of Annex 3, Canada suggests the use of the sentence "This Agreement does 
not cover procurement which the procuring entity" instead of "This Agreement shall 
not apply to contracts which the contracting entity". 
 
(ii) In notes 2 and 3 of Annex 3, Canada suggests the use of the sentence "This 
Agreement does not cover procurement" inst ead of "This Agreement shall not apply 
to contracts awarded". 
 
(iii) In note 4 of Annex 3, Canada suggests the use of the sentenc e "This Agreement does 
not cover procurement" instead of "This Agreement shall not apply to contracts". 
 
(iv) In notes 5, 6 and 7 of Annex 3, Canada suggests the use of the sentence "This 
Agreement does not cover procurement by procuring entities" instead of "This 
Agreement shall not apply to contr acts awarded by contracting entities". 
 
(v) In Annex 4, Canada suggests the remova l of the sentence and the use instead of 
"Unless otherwise specified, this  Agreement covers all goods". 
 GPA/O/V/CAN/1 
Page 6  
 
  (vi) In Annex 5, Canada suggests the use of  the word "covered" instead of "included". 
 
(vii) In note 1 of Annex 7, Canada suggests the use of the sentence "The Agreement does 
not cover" instead of "The Agreement shall not apply to". 
 
(viii) In note 4 of Annex 7, Canada suggests the use of the sentence "the Agreement does 
not cover" instead of "the Agreement is not applicable". 
8. Netherlands with respect to Aruba – GPA/W/315/Add.1 
(i) In Annex 4, Canada suggests the use of the sentence "This Agreement covers 
procurement" instead of "This Agreement will apply to the procurement". 
 
(ii) In Annex 5, Canada suggests the use of the word "covered" instead of "included". 
 
(iii) Canada would like to know the meaning of the use of the single asterisk on Annex 3 
and Annex 5 as well as the meaning of the use of a triple asterisks on Annex 5? 
9. Norway – GPA/W/315/Add.1 
(i) In note 2 of Annex 3, Canada suggests the use of the sentence "This Agreement does 
not cover procurements by entities listed in this Annex" instead of "This Agreement 
shall not apply to contracts awarded by entities covered under this Annex". 
 
(ii) In notes 3 and 4 of Annex 3, Canada suggests the use of the sentence "This 
Agreement does not cover procurements" inst ead of "This Agreement shall not apply 
to contracts awarded". 
 
(iii) In Article 1 of Annex 4,  Canada suggests the use of the word "covers" instead of 
"applies to the". 
 
(iv) In Article 2 of Annex 4, Canada sugg ests the use of the sentence "This Agreement 
covers" instead of "This Agreement only applies to the". 
 
(v) In note 1 of Annex 7, Canada suggests the use of the sentence "This Agreement does 
not cover" instead of "This Agreement shall not apply to". 
10. Singapore – GPA/W/315/Add.1 
(i) In Annex 1, Canada suggests the use of "This Agreement covers procurement by the 
Singapore Ministry of Defence".  Canada suggests the removal of the word "generally" because it leaves room for interpretation that some procurement are not included. 
 
(ii) In the note to Annex 3, Canada suggest s the use of the sentence "The Agreement does 
not cover procurement" instead of "The Agreement shall not apply to any procurement". 
 
(iii) In Annex 4, Canada suggests the u se of the sentence "The Agreement covers 
procurement" instead of "The Agreem ent will apply to the procurement". 
  GPA/O/V/CAN/1 
 Page 7 
 
 
  (iv) In note 2 of Annex 5, Canada suggests the use of the sentence "The Agreement does 
not cover procurement by a" instead of "The Agreement shall not apply to any procurement made by a". 
 
(v) In note 2 of Annex 6, Canada suggests the use of the sentence "The Agreement does 
not cover procurement by a" instead of "The Agreement shall not apply to any 
procurement made by a". 
11. Switzerland – GPA/W/315/Add.1 
(i) Dans la première phrase de l'annexe 5, le Canada suggère l'utilisation du mot 
"couverts" plutôt que "inclus". 
 
(ii) Dans la note 3 de l'annexe 5, le Cana da suggère l'utilisation de la phrase "ne couvre 
pas les" plutôt que "ne s'applique pas aux". 
12. Chinese Taipei – GPA/W/315/Add.5 
(i) In note 4 of Annex 1, Canada suggests the use of the sentence "This Agreement does 
not cover procurement" instead of "This Agreement does not apply to the 
procurement". 
 
(ii) In note 3 of Annex 3, Canada suggests the use of the sentence "The Agreement does 
not cover procurement" instead of "T he Agreement shall not apply to the 
procurement". 
 
(iii) In Article 1 of Annex 4, Canada suggests the use of the sentence "This Agreement 
covers procurement" instead of "This Agreement applies to the procurement". 
 
(iv) In Article 2 of Annex 4, Canada sugg ests the use of the sentence "This Agreement 
covers procurement" instead of "Thi s Agreement will generally apply to 
procurement".  The word "generally" l eaves room for interpretation that some 
procurement are not included. 
 
(v) In Annex 5, Canada suggests the use of the sentence "the following services are 
covered" instead of "the following servi ces are included (others being excluded)". 
 
(vi) In notes 4 and 5 of the Annex 5, Canada suggests the use of the word "cover" instead 
of "include". 
 
(vii) In Annex 6, Canada suggests the use of  the sentence "List of construction services 
covered" instead of "List of construction services offered". 
 
(viii) In note 3 of Annex 7, Canada suggest s the use of the sentence "does not cover" 
instead of "shall not apply to any". 
 
(ix) In note 5 of Annex 7, Canada suggest s the use of the sentence "does not cover" 
instead of "shall not apply to". 
 
(x) In notes 6 and 10 of Annex 7, Canada suggests the use of the sentence "does not 
cover" instead of "shall not apply to". 
 GPA/O/V/CAN/1 
Page 8  
 
  (xi) In notes 6, 7 and 8 of Annex 7, Canada  suggests the use of the sentence "does not 
cover" instead of "does not include". 
13. United States – GPA/W/315/Add.1 
In notes 4(c) and 4(d) of Annex 1, Canada suggests the removal of the word "generally" 
because it leaves room for interpretation that some procurement are not included. 
 
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